Defendant Kenneth Tibbetts appeals his jury conviction in Superior Court (Piscata-quis County, Browne, J.) for gross sexual misconduct (17-A M.R.S.A. § 253(2)(D) (Supp.1989)). Defendant contends that the opinion testimony of a physician’s assistant was improperly admitted and deprived him of a fair trial. He also argues that there was insufficient evidence for the jury to convict him. We affirm the conviction.
A physician’s assistant examined the victim after the incident and testified at trial that semen found in the victim’s vagina was less than 24 hours old. The witness based his opinion on the amount of semen found on examination and the fact that it was viscous rather than dry. Defendant moved to strike the evidence after it had been received but did not object at the time the evidence was offered. Defendant contends that the witness was unqualified to offer an opinion and that his testimony improperly corroborated the victim’s testimony that she had not had consensual intercourse for 3 to 4 days prior to the incident. Defendant’s contention lacks merit.
“[T]he qualification of an expert witness and the scope of his opinion testimony are matters within the discretion of the trial court.”
In re Erika R.,
The extent of the expert’s knowledge of the subject matter and of the material data used in formulating his opinion ... provided such facts are not based on mere speculation, goes to the weight rather than to the admissibility of his testimony.
Warren v. Waterville Urban Renewal Authority,
Defendant next contends that there was insufficient evidence to convict him of being the victim’s assailant. The victim testified that she had seen defendant shortly before the assault and that at the time of the incident she had recognized him. “The uncorroborated testimony of a victim, if not inherently improbable or incredible or failing the test of common sense, is sufficient to sustain a verdict of guilty of a sexual crime.”
State v. Pelletier,
The entry is:
Judgment affirmed.
All concurring.
